20/03/2013
Beware Cidar!
While some of us may have had a bad experience drinking Cider in our youth, the introduction of the Consumer Insurance (Disclosure and Representations) Act 2012 is due to become law in March 2013, and has implications for all of us.
Prior to the introduction of this new law, insurance was written on the basis of maritime law from the last century. The principle of this law was that the consumer was responsible for telling the insurance company what they needed to know. Hence, when problems arose because the insurance company wrote the business without knowing all the facts it was referred to as “non-disclosure” and the consumer had not disclosed material facts. The legal liability was with the consumer.
Over the last few years, a legal review and discussion between the ABI, FOS, FSA and consumer groups all agreed this was unfair and no longer appropriate and it was agreed to change the law. This CIDAR law went through Parliament on 8th March 2012 and is due to come into force from 8th March 2013.
The consumer will be responsible for taking reasonable care in providing the information requested of them. It is up to the Adviser to ensure they request all the appropriate information.
The law includes various guidance on the consumer's responsibility and what is reasonable care, misrepresentation and dishonesty.
The law also tries to clarify who has the liability. Where the Adviser is acting on a single tied channel then the liability lies with the Insurer. When the Adviser is providing a whole of market service, the adviser is acting on behalf of the consumer, and they are liable for collecting the information.
The FSA states that Advisers should be trained and competent in everything they do that may lead to consumer detriment. This includes the medical assessment. Clearly as the medical assessment information greatly affects the annuity price, the Adviser is responsible should they not complete this task adequately. It is estimated that over 50% of consumers are losing out due to inadequate medical assessments.
From March 2013 Advisers have 3 options:
1. To undertake training on medical issues so they are competent to undertake the medical assessments
2. To abstain from being involved in the medical assessment by letting the client fill in the form
3. To ensure a professional specialist undertakes the medical assessment, such as MorganAsh.